Getting Married to a Canadian

[AGMan 0]

I am a US citizen and my fiancee is Canadian. We were told she could come in as a visitor and get married without the K-1 but now I am reading the posts and seeing that may not be a viable option. I wanted to find out the process of if she came to the US, with not K-1 and got married and then we both move to Canada immediately. What do I have to do to be legal in Canada as an American married to a Canadian? Can we both file simultaneously with her doing a CR1 for the US and I getting residency in Canada? Thanks!

[Krikit 1,166]

Firstly, thank you for using the correct spelling for your fiancee.

Secondly, welcome to VJ.

Immigrating to Canada

[Revenesque 2]

I am a US citizen and my fiancee is Canadian. We were told she could come in as a visitor and get married without the K-1 but now I am reading the posts and seeing that may not be a viable option. I wanted to find out the process of if she came to the US, with not K-1 and got married and then we both move to Canada immediately. What do I have to do to be legal in Canada as an American married to a Canadian? Can we both file simultaneously with her doing a CR1 for the US and I getting residency in Canada? Thanks!

1) Yes, you go to Canada on a tourist visa, overstay your visa and apply for Permanent Residence under the Spouse Class in Canada...but you'll not be able to work until you get your permanent residence. This is call an inland application and will take longer to process (6-18 months) normally than an outland application (which is slightly faster process, but you have to remain in the US. For more information on the process: http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

2) Yes, she can apply for the CR1 simultaneously but the timing will a little tricky. You need to meet the US domicile rule of the CR1 visa, and your spouse needs to meet the conditions of maintaining the greencard (residency rules) which means both of you would have to take residence in the US for at least a couple of years. However, you can still apply for PR in Canada, and still be able to maintain your Canadian PR so long as you live with your spouse whether in or outside of Canada.

[Wyatt's Torch 45]

1) Yes, you go to Canada on a tourist visa, overstay your visa and apply for Permanent Residence under the Spouse Class in Canada...but you'll not be able to work until you get your permanent residence. This is call an inland application and will take longer to process (6-18 months) normally than an outland application (which is slightly faster process, but you have to remain in the US. For more information on the process: http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

Wouldn't that require lying to the border guard about your intentions?

[Revenesque 2]

Wouldn't that require lying to the border guard about your intentions?

Yep...but Canadian Immigration created exceptions only to the Spouse in the Canada Class, if they are still in Canada. Bizarre but permissible.

[trailmix 77]

Yep...but Canadian Immigration created exceptions only to the Spouse in the Canada Class, if they are still in Canada. Bizarre but permissible.

I don't know what you mean - are you saying it is ok to lie because they will overlook the fact that you lied if you are now in Canada and a spouse of a Canadian Citizen?

I don't know much about inland applications when that is the intent when you arrive - but, my understanding was that you stated your intention at the port of entry and they issued you a temporary resident type of document?

Edited February 1, 2010 by trailmix

[Revenesque 2]

I don't know what you mean - are you saying it is ok to lie because they will overlook the fact that you lied if you are now in Canada and a spouse of a Canadian Citizen?

I'm not saying that...but the policy, after the fact, seems to imply that.

I don't know much about inland applications when that is the intent when you arrive - but, my understanding was that you stated your intention at the port of entry and they issued you a temporary resident type of document?

I would imagine the proper way to do this is to obtain a temporary resident visa about a month prior to entering Canada. The requirements are:

1) satisfy an officer that you will leave Canada

2) show that you have enough money to maintain yourself and your family members in Canada and to return home;

not intend to work or study in Canada unless authorized to do so;

3) be law abiding and have no record of criminal activity (you may be asked to provide a Police Clearance Certificate);

not be a risk to the security of Canada;

4) produce any additional documents requested by the officer to establish your admissibility;

5) be in good health (complete a medical examination, if required).

Then in the event you marry a Canadian during your stay and apply for PR, you are allowed to stay in Canada while the PR application is in process.

[trailmix 77]

I'm not saying that...but the policy, after the fact, seems to imply that.

Ok yeah, I just didn't understand what you wrote. This is basically no different than entering the U.S., lying to the border person and then adjusting status - it's also no more or less illegal.

My advice to the OP would be to not lie when entering Canada, if they ask the purpose of your entry you must tell them you are planning on immigrating - regardless of if they might forgive this when processing your application - it is never ok to lie when entering a country.

I'm sure there is someone who posts on the Canada forum here who described their spouse entering Canada to immigrate, hopefully they will come along with further information, but in the meantime here is a site for immigration to Canada:

http://www.roadtocanada.com/

[Malrothien 6]

Wouldn't that require lying to the border guard about your intentions?

Actually, no. You can roll up to the border, state your intention to enter Canada and apply for a PR application under the spouse category and have no problems. They will issue you a 1 year visitor visa (inland applications take 10-18 months average).

Canada is a lot more friendly when it comes to entering their country with your spouse and filing for PR compared to the US.

(I filed inland)

[Malrothien 6]

1) Yes, you go to Canada on a tourist visa, overstay your visa and apply for Permanent Residence under the Spouse Class in Canada...but you'll not be able to work until you get your permanent residence. This is call an inland application and will take longer to process (6-18 months) normally than an outland application (which is slightly faster process, but you have to remain in the US. For more information on the process: http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

Actually, you can apply for a work permit once you have first stage approval on an inland application, you do not have to wait until you get your PR.

[Revenesque 2]

Actually, you can apply for a work permit once you have first stage approval on an inland application, you do not have to wait until you get your PR.

No better advice than from someone who's been through the process. :-)

BTW, do you know if that's true for the outland application?

[Malrothien 6]

Not true for outland because it processes so quickly compared to inland.

[Revenesque 2]

Not true for outland because it processes so quickly compared to inland.

Ohhhh...poopy on my cheerios!

[lgg 2]

*blurgh*

Ohhhh...poopy on my cheerios!